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RAM MANOHAR NARAYAN MISHRA
Sarita Sharma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. Instant Criminal Revision has been preferred under Section 397/401 Cr.P.C. against the impugned order dated 23.06.2023 passed by learned Chief Judicial Magistrate, Hathras in Criminal Complaint Case No.849/12/2022, whereby application moved by the applicant/revisionist under Section 156(3) Cr.P.C. has been dismissed.
2. Heard Sri N.I.Jafri, learned Senior Advocate assisted by Sri Ali Jamal Khan and Sri Sadrul Islam Jafri learned counsel for the revisionist, Sri Saghir Ahmad learned Senior Advocate assisted by Sri Rahul Kumar Sharma and learned A.G.A. for the State-respondent and perused the material available on record.
3. Brief facts of the case are that the applicant who is the victim has moved application under Section 156(3) Cr.P.C. stating therein that the incident occurred on 24.06.2022 at 01:00 pm. When she moved towards office after finishing her teaching work in Civilian School run by Basic Education Department, Kota in Block Mursan, District Hathras, suddenly opposite party Laxmi Narayan Sharma who was working as Head Master in Primary School Nagla Mallu, Block Mursan, District Hathras emerged there and asked her to stop, when she
The court ruled that allegations of sexual assault necessitate the registration of an FIR without preliminary inquiry, emphasizing the need for judicial scrutiny in such cases.
distinction between the investigation by the police officer under Section 156(3) and under Section 202(1) Cr.P.C. is that the former is at the pre-cognizance stage and the latter is at post cognizanc....
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
(1) While registration of FIR is mandatory, arrest of accused on registration of FIR is not.(2) Once Magistrate has taken cognizance under Section 190 of Code, he cannot ask for investigation by Poli....
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The discretion of the magistrate to order a preliminary inquiry and the illustrative nature of the categories mentioned in the Lalita Kumari case.
Point of Law : Lower court after perusing the application under Section 156 (3) Cr.P.C. was aware of the fact that commission of cognizable offence is reported in the application under Section 156 (3....
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